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Court Report

Fri, 01/27/2012 - 2:32pm

BB GUN USED IN ROBBERY

It was a BB gun that Asotasi Maiava pointed at a store clerk in Ottoville while demanding money.

This was revealed when Lieutenant Pele Uia, the Department of Public Safety’s evidence custodian presented the evidence for this matter before the High Court. Associate Justice Lyle L Richmond, who was accompanied on the bench by Associate Judge Mamea Sala Jr witnessed the BB gun yesterday.

According to court filings, Maiava pointed the BB gun at the cashier and demanded money. He was accompanied by two juveniles, and the three wore sweaters with hoods when the incident occurred. According to police the trio took off with money and a lot of phone cards, and the items removed were valued at more than a hundred dollars. Police were able to identify the defendants because they were caught on the store’s surveillance camera.

The juveniles involved have already been prosecuted.

Maiava was initially charged with first degree robbery, conspiracy to commit robbery and unlawful use of a weapon; however he entered into a plea deal with the government. He pled guilty to conspiracy to commit robbery while the remaining charges were dismissed. Conspiracy to commit robbery is a class B felony punishable with a jail term of five to 15 years.

When the defendant appeared before the judge for sentencing, Assistant Public Defender Michael White requested a continuance for this matter stating the lawyer for this case is off island, noting he’s not familiar with the case.

Richmond asked White if he could take the case on, and be up to speed on it, saying “I want to deal with this case as soon as possible... as quickly as we can”. He added, from what’s in the pre-sentence report this case should be dealt with now, noting the defendant is still in the custody of police. White agreed he would take over Maiava’s case.

Richmond re-scheduled sentencing for Maiava next Monday, January 30, 2012. Prosecuting for the government is Assistant Attorney General Cecilia Reyna.

DANNY MASE

The case against a man whose actions landed a child in the hospital has been continued to next week Friday.

Twenty year old Danny Mase appeared in the High Court for sentencing on second degree assault after he threw a beer bottle that shattered the window of a moving vehicle and injured a 2-year old boy. Court documents say the baby boy underwent emergency surgery due to the severity of the injury to his face. The incident occurred October, 2011.

Mase was initially charged with first degree assault and second degree assault, but he pled guilty to second degree assault, while the remaining charge was dismissed.

Assistant Public Defender Michael White asked Associate Justice Lyle L Richmond for a week’s continuance noting the lawyer for this case is away and he has no knowledge of the matter.

Associate Justice Lyle Richmond told White this case is quite straight forward and he hopes to deal with it soon. Richmond also asked Assistant Attorney General Cable Poag if he’s aware of the amount of restitution for this matter, including medical bills and the repair to the vehicle that was damaged.

Poag explained the victim and his mother will come before court to testify on the issue of restitution. Richmond rescheduled Mase’s case for sentencing to next week Friday.

JUVENILES ARRESTED

Six juveniles from Samoana High School appeared in the District Court yesterday morning, on allegations they attempted to stone a school bus, which was occupied by Tafuna High School students following a basketball game Tuesday evening.

According to the government’s case, police arrived just before the school bus left and Samoana students were allegedly armed with sticks and stones. Assistant Attorney General Terrie Bullinger said one juvenile was taken into custody Tuesday night, while the rest were arrested on Wednesday.

Bullinger says despite the fact that Samoana High School won the basketball game, this occurred. Of the six students, five were released to their parents’ custody and the remaining juvenile was taken back into custody, because he’s on probation and he was seen hitting another student after the basketball game.

Bullinger said the information she has received states there were more juveniles involved, however only these six were identified. The prosecutor said if anyone has information regarding the incident to please contact the Attorney General’s office at 633-4163 and ask for Terrie Bullinger.